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Hauraki Collective Deed

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Hauraki Collective Deed Initialling version for presentation to the Iwi of Hauraki for ratification purposes HAKO and NGĀI TAI KI TĀMAKI and NGĀTI HEI and NGĀTI MARU and NGĀTI PAOA and NGĀTI POROU KI HAURAKI and NGĀTI PŪKENGA and NGĀTI RĀHIRI TUMUTUMU and NGĀTI TAMATERĀ and NGĀTI TARA TOKANUI and NGAATI WHANAUNGA and TE PATUKIRIKIRI and THE CROWN ____________________________________________________ PARE HAURAKI COLLECTIVE REDRESS DEED _____________________________________________________ [ ] 2017 PARE HAURAKI COLLECTIVE REDRESS DEED PURPOSE OF THIS DEED This deed relates to the 12 Iwi of Hauraki, being – • Hako; • Ngāi Tai ki Tāmaki; • Ngāti Hei; • Ngāti Maru; • Ngāti Paoa; • Ngāti Porou ki Hauraki; • Ngāti Pūkenga; • Ngāti Rāhiri Tumutumu; • Ngāti Tamaterā; • Ngāti Tara Tokanui; • Ngaati Whanaunga; and • Te Patukirikiri. This deed – • specifies the collective Treaty redress in respect of the shared interests of the Iwi of Hauraki for historical claims to be provided to the Pare Hauraki collective entities that have been approved to receive the collective Treaty redress; and • provides for other relevant matters; and • is conditional upon the Pare Hauraki collective redress legislation coming into force. Each Iwi of Hauraki also receives iwi-specific Treaty redress in a deed of settlement of its historical claims between the iwi and the Crown. PARE HAURAKI COLLECTIVE REDRESS DEED TABLE OF CONTENTS 1 BACKGROUND ......................................................................................... 1 2 IMPLEMENTATION AND EFFECT ON VARIOUS STATUTES ................ 5 3 PARE HAURAKI COLLECTIVE CULTURAL ENTITY .............................. 7 4 STATEMENT OF PARE HAURAKI WORLD VIEW AND PROGRAMME FOR A CULTURE OF NATURAL RESOURCE PARTNERSHIP .............. 9 5 CULTURAL REDRESS: WAIHOU, PIAKO, COROMANDEL CATCHMENT CO-GOVERNANCE REGIME .................................................................. 14 6 CULTURAL REDRESS: MOEHAU AND TE AROHA ............................ 34 7 CULTURAL REDRESS: PARE HAURAKI CONSERVATION FRAMEWORK .......................................................................................... 52 8 CULTURAL REDRESS: STATUTORY ACKNOWLEDGEMENT ........... 72 9 CULTURAL REDRESS: TE REO REVITALISATION ............................. 73 10 CULTURAL REDRESS: MINISTRY OF PRIMARY INDUSTRIES FISHERIES AND RECOGNITION REDRESS.......................................... 75 11 CULTURAL REDRESS: OFFICIAL GEOGRAPHIC NAMES ................. 77 12 CULTURAL REDRESS EXCLUSIVITY ................................................... 80 13 CULTURAL REDRESS: LETTER OF INTRODUCTION ........................ 81 14 COMMERCIAL REDRESS: PROPERTIES ............................................ 82 15 COMMERCIAL REDRESS: MINERALS ................................................. 95 16 PARE HAURAKI COLLECTIVE REDRESS LEGISLATION, PARE HAURAKI COLLECTIVE ENTITIES, CONDITIONS, AND TERMINATION .................................................................................................................. 98 17 [ACCESSION] ........................................................................................ 101 18 EFFECT OF THIS DEED ........................................................................ 103 19 TĪKAPA MOANA – TE TAI TAMAHINE / TE TAI TAMAWAHINE ......... 104 20 CULTURAL REDRESS: TAURANGA MOANA .................................... 106 21 CULTURAL REDRESS: MANGATANGI RIVER, MANGATAWHIRI STREAM AND WHANGAMARINO WETLAND CATCHMENTS ........... 108 22 GENERAL, DEFINITIONS, AND INTERPRETATION ........................... 109 PARE HAURAKI COLLECTIVE REDRESS DEED SCHEDULES GENERAL MATTERS 1. Tax 2. Notice 3. Miscellaneous 4. Defined terms 5. Interpretation PROPERTY REDRESS 1. Disclosure information and warranty 2. Vesting of cultural redress properties 3. Early release commercial redress properties 4. Commercial redress properties 5. Licensed land 6. Deferred selection properties 7. Deferred purchase 8. Terms of transfer 9. Notice in relation to properties 10. Definitions DOCUMENTS 1. Statement of Association 2. Relationship agreement 3. Deed of covenant 4. Fisheries RFR deed over quota 5 Letter of introduction 6. Encumbrances 7. Encumbrances for licensed land 8. Encumbrances for deferred selection properties ATTACHMENTS 1. Pare Hauraki redress area map 2. Deed plans 3. Iwi with interests in Moehau Tupuna Maunga and Te Aroha Tupuna Maunga 4. Pare Hauraki area RFR 5. Pare Hauraki list RFR 6. Second right of refusal land 7. Wentworth Valley Property 8. Tairua Fire Station Land Exchange map 9. Mangatangi, Mangatawhiri and Whangamarino catchments map 10. Waihou, Piako, Coromandel catchments map 11. Waikato Conservation Management Strategy area within the Pare Hauraki redress area map 12. Draft collective bill PARE HAURAKI COLLECTIVE REDRESS DEED PARE HAURAKI COLLECTIVE REDRESS DEED THIS DEED is made between HAKO and NGĀI TAI KI TĀMAKI and NGĀTI HEI and NGĀTI MARU and NGĀTI PAOA and NGĀTI POROU KI HAURAKI and NGĀTI PŪKENGA and NGĀTI RĀHIRI TUMUTUMU and NGĀTI TAMATERĀ and NGĀTI TARA TOKANUI and NGAATI WHANAUNGA and TE PATUKIRIKIRI and THE CROWN PARE HAURAKI COLLECTIVE REDRESS DEED 1 BACKGROUND NEGOTIATIONS, RATIFICATION AND APPROVALS 1.1 Since December 2009, there have been negotiations between the Iwi of Hauraki and the Crown towards a collective Treaty redress deed that will provide Treaty redress for historical claims to the 12 Iwi of Hauraki and the Pare Hauraki collective entities to be established by the Hauraki Collective. 1.2 The attachments contain a map showing the area within which redress is being provided to the Iwi of Hauraki. This map does not describe an area of interest and only encompasses part of the Iwi of Hauraki rōhe. 1.3 On 1 October 2010, the Iwi of Hauraki and the Crown signed a Framework Agreement that included offers to negotiate redress with respect to – 1.3.1 Te Aroha and Moehau maunga; 1.3.2 motu; 1.3.3 recognition of Tīkapa Moana – Te Tai Tamahine / Te Tai Tamawahine; 1.3.4 co-governance of Whenua Kura/ public conservation land; 1.3.5 co-governance of the Waihou and Piako Rivers which includes the Ohinemuri River; 1.3.6 relationship agreements and protocols with Ministers including Energy and Resources, Arts Culture and Heritage and Fisheries; 1.3.7 place name changes; 1.3.8 financial redress; 1.3.9 Athenree, Kauaeranga, Tairua, Waihou, Whangamata and Whangapoua Crown Forest Licensed land, including accumulated rentals; 1.3.10 commercial redress properties including Landcorp Farms, Office of Treaty Settlements’ landbank properties and sale and leaseback properties; 1.3.11 rights of first refusal. 1.4 On 22 July 2011, each Iwi of Hauraki signed Agreement in Principle Equivalents which expanded upon the Hauraki Collective Framework Agreement and also included offers to negotiate redress with respect to – 1.4.1 the rivers and waterways of the Coromandel Peninsula; 1.4.2 Whangamarino system, and Mangatawhiri and Mangatangi streams; 1 PARE HAURAKI COLLECTIVE REDRESS DEED 1: BACKGROUND 1.4.3 formal Conservation Board and Hauraki Gulf Forum representation; 1.4.4 a relationship agreement issued by the Minister of Conservation; 1.4.5 Te Reo Māori me ona tikanga; 1.4.6 enhancement and return of all forms of taonga; 1.4.7 rights relating to nationalised and non-nationalised Crown-owned minerals and information held by the Crown or Crown Research Institutes on these minerals; 1.4.8 preferential access to concessions in relation to Whenua Kura/ conservation land, Tīkapa Moana – Te Tai Tamahine / Te Tai Tamawahine; 1.4.9 opportunities to enter into formal arrangements with the Crown over its proposed commercial arrangements in the Hauraki region, particularly in relation to infrastructure development and investment; and 1.4.10 other mechanisms with the Pare Hauraki collective that may recognise the interests of Hauraki iwi in marine and freshwater fisheries in Tīkapa Moana – Te Tai Tamahine / Te Tai Tamawahine, and the waterways of Tīkapa Moana. 1.5 The Agreement in Principle Equivalents also included offers to negotiate iwi specific redress with respect to – 1.5.1 the properties and areas of ancestral, spiritual and cultural significance to each iwi including transfers, overlay classifications, statutory acknowledgements and deeds of recognition; 1.5.2 other cultural redress including relationship agreements, access to cultural resources, nohoanga and other arrangements and place name changes; and 1.5.3 commercial redress for each iwi. 1.6 On [[ ] December 2016], the Iwi of Hauraki and the Crown initialled a collective redress deed. 1.7 [The Iwi of Hauraki have, since the initialling of this deed, by a majority of – 1.7.1 the percentage for each Iwi of Hauraki specified next to the iwi below, ratified this deed; and 1.7.2 the percentage for each iwi specified next to the iwi below, approved the Pare Hauraki collective entities each receiving its collective redress: 2 PARE HAURAKI COLLECTIVE REDRESS DEED 1: BACKGROUND Pare Hauraki Deed ratification Iwi collective entities percentage approved Hako Ngāi Tai ki Tāmaki Ngāti Hei Ngāti Maru Ngāti Paoa Ngāti Porou ki Hauraki Ngāti Pūkenga Ngāti Rāhiri Tumutumu Ngāti Tamaterā Ngāti Tara Tokanui Ngaati Whanaunga Te Patukirikiri ] 1.8 [Each majority referred to in clause 1.7 is of valid votes cast in a ballot.] 1.9 [The Crown is satisfied – 1.9.1 with the ratification and approvals of each Iwi of Hauraki referred to in clauses 1.7.1 and 1.7.2; and 1.9.2 the Pare Hauraki collective cultural entity is appropriate to receive the cultural redress on behalf of the Iwi of Hauraki; and 1.9.3 the Pare Hauraki
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